Virginia Immigration and Work Eligibility Laws

Overview of Work-Eligibility Compliance

In Virginia, employers have to follow the federal baseline rules from the Immigration Reform and Control Act (IRCA)—which means completing Form I-9 within three business days of hiring anyone. You’ve gotta retain those forms for three years from the date of hire or one year after the employee leaves, whichever’s later.

But Virginia doesn’t just sit back and let the feds do all the heavy lifting. The state mandates E-Verify for certain employers and includes immigration verification requirements in government contracts. And with a growing population and workforce diversity, staying compliant is more critical than ever.

Immigration Reform and Control Act (IRCA) Compliance in Virginia

Does Virginia Law Differ From Federal IRCA?

Nope, not in how you fill out the Form I-9. Virginia’s I-9 process sticks with the federal version—no extra forms, no additional timelines. However, the state supplements compliance through mandatory E-Verify for specific employers and contractor-level requirements.

Common Employer Questions About IRCA in Virginia

Which I-9 documents are most frequently rejected? Expired driver’s licenses, documents with inconsistent names, or unsigned Section 2 fields.

Can we accept a digital driver’s license? Not yet. The feds still want to see original, physical documents.

How soon must the I-9 be completed for remote hires? Section 1 by day one. Section 2 within three business days, using an authorized rep to inspect documents in person.

Are photocopies of documents permitted? Only if stored as backup—and only originals can be used for verification.

Municipalities in Virginia With Additional IRCA-Related Requirements

None. Virginia law controls employment verification across the state and prevents municipalities from setting separate rules.

E-Verify Requirements in Virginia

Is E-Verify Mandated Beyond Federal Law?

Yes. Virginia law mandates:

• All state agencies and public contractors with 50+ employees must use E-Verify
• Applies if they have state contracts of $50,000 or more

This went into effect July 1, 2013, under the Virginia Public Procurement Act.

Private employers not under contract with the state are not required to use E-Verify—but many do voluntarily.

Common Employer Questions About E-Verify in Virginia

When must the E-Verify case be opened—hire date or start date? No later than three business days after the employee’s start date.

What do we do with a “Tentative Non-Confirmation”? Explain the notice, give the employee the option to contest, and pause any employment actions until resolution.

How are remote workers handled? You’ll still need a person physically present to inspect original documents and then proceed with E-Verify.

Are there civil vs. criminal penalties for non-use? For public contractors, failing to use E-Verify when required can lead to:

• Contract termination
• Ineligibility for future public contracts
• Possible fines

Local E-Verify Ordinances in Virginia

None. Local governments cannot override or supplement the state’s E-Verify requirements.

Visa & Employment Authorization Rules in Virginia

State-Specific Restrictions or Accommodations

Virginia honors federal immigration law and doesn’t add extra layers for visa holders. However:

• Licensing agencies often require proof of legal presence to obtain professional certifications
• Virginia participates in the Conrad 30 J-1 waiver program for international physicians

Common Employer Questions About Visa Sponsorship and EADs in Virginia

Can we file H-1B transfers for employees living out of state? Yes—Virginia doesn’t restrict H-1B sponsorship or transfers.

Must we update payroll tax status when an EAD renews? Yes. Update payroll systems and reverify the I-9 with the new expiration date.

Is there a state fee or notice requirement for foreign-worker layoffs? No. Employers need only follow the federal WARN Act if applicable.

Municipal Ordinances Affecting Visa/EAD Employment Eligibility

No municipalities in Virginia impose visa- or EAD-related employment rules. However, some local governments in Northern Virginia are known for immigrant support programs—none of which affect employer compliance.

Penalties for Non-Compliance in Virginia

• Federal I-9 fines: $281–$2,789 per paperwork error; up to $27,894 per unauthorized hire
• Public contractor penalties: loss of contracts, fines, and debarment from future bids

Private employers face only federal penalties unless involved in public procurement.

Record-Keeping & Retention Guidelines

Virginia mirrors federal recordkeeping rules:

• Keep I-9s for three years after hire or one year after termination, whichever is longer
• Retain all E-Verify case results and documents for the same duration

Going digital is the best way to stay audit-ready.

Anti-Discrimination & Retaliation Protections

Virginia’s Human Rights Act prohibits discrimination based on:

• National origin
• Race
• Color

The state does not explicitly bar citizenship-status discrimination, but federal law (INA § 274B) picks up the slack. Employees who report unsafe working conditions or wage theft are protected from retaliation under state and federal law.

Employer Best Practices for Immigration and Work Eligibility Laws in Virginia

• Know if your business qualifies as a public contractor—E-Verify is mandatory if it does
• Create a reverification system for EAD renewals
• Conduct internal I-9 audits at least annually
• Train HR staff on non-discriminatory verification practices
• Digitize I-9s and E-Verify submissions for easy tracking

How WorkforceHub Simplifies Immigration and Work Eligibility Compliance

WorkforceHub helps you keep everything streamlined and audit-proof:

• Guided I-9 completion with built-in error checking
• Seamless E-Verify integration for mandated employers
• Automated reminders for reverification and expiring documents
• Secure cloud storage with access tracking
• Exportable compliance reports for audits and contract renewals

See a demo to learn how WorkforceHub keeps Virginia employers confident, compliant, and contract-ready.